National Defence Act

Marginal note:Restitution of property

• 249.25 (1) A court martial that finds a person guilty of an offence shall order that any property obtained by the commission of the offence be restored to the person apparently entitled to it if, at the time of the trial, the property is before the court martial or has been detained so that it can be immediately restored under the order to the person so entitled.

• Marginal note:Restitution where no conviction, but offence committed

  (2) Where an accused person is tried for an offence but is not convicted and it appears to the court martial that an offence has been committed, the court martial may order that any property obtained by the commission of the offence shall be restored to the person apparently entitled to it if, at the time of the trial, the property is before the court martial or has been detained so that it can be immediately restored under the order to the person so entitled.

• Marginal note:Exceptions

  (3) An order shall not be made in respect of

  • (a) property to which an innocent purchaser for value has acquired lawful title;

  • (b) a valuable security that has been paid or discharged in good faith by a person who was liable to pay or discharge it; or

  • (c) a negotiable instrument that has, in good faith, been taken or received by transfer or delivery for valuable consideration by a person who had no notice and no reasonable cause to suspect that an offence had been committed.

• Marginal note:Execution of order for restitution

  (4) An order made under this section shall be executed by the persons by whom the process of the court martial is ordinarily executed.